The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31160 of 2024 M/s. Dalmia Cement (Bharat) Ltd., Tamil Nadu & another …. Petitioners Mr. Ashok Kumar Parija, Senior Advocate along with Mr. A. Pattnaik, Advocate -Versus- Rajgangpur Municipality & another Opposite Parties Mr. P. K. Satapathy, Advocate …. CORAM: MR. JUSTICE R.K. PATTANAIK ORDER 30.01.2025 Order No. 05. 1.
Legal Reasoning
Heard Mr. Parija, learned Senior Advocate assisted by Mr. Pattnaik, learned counsel appearing for the petitioners and Mr. Satapathy, learned counsel for the opposite parties. 2. Instant writ petition is filed by the petitioners assailing the impugned decision by order dated 29th November, 2024 under Annexure-15 of learned Executive Officer, Rajgangpur Municipality on the grounds stated therein. 3. This Court, by order dated 22nd January, 2025, considering the submissions of Mr. Parija, learned Senior Advocate for the petitioners and Mr. Satapathy, learned counsel for the opposite parties had issued a direction to the Engineer-in-Chief (Design), Directorate of Design, Odisha, Bhubaneswar to submit a report vis-(cid:224)- vis the requisition dated 21st January, 2025 of the opposite parties. In compliance of the aforesaid direction in I.A. No.1064 of 2025, the report of the Engineer-in-Chief (Design) (DPQ), Directorate of Design, Odisha, Bhubaneswar has been received today and filed along with a memo and the same is accepted and taken on record. Page 1 of 6 4. Mr. Parija, learned Senior Advocate for the petitioners would submit that the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar is in agreement with the views and recommendation of the NIT, Rourkela vis-(cid:224)-vis vetting of structural design of new conveyer gallery with a conclusion that Municipality may accord permission based on the vetted drawings for execution of the work. It is further submitted that since such is the opinion with the final conclusion reached at by the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar by report dated 29th January, 2025, permission may perhaps be granted to the petitioners to immediately commence the reconstruction of the conveyer belt responding to the letter dated 30th January, 2025 of the Municipality. It is assured by Mr. Parija, learned Senior Advocate that the petitioners would be ready and willing to submit the designs of the proposed overhead conveyer belt and gallery with all other relevant documents as has been insisted upon by the Municipality by letter dated 30th January, 2025, a copy of which is also annexed to the memo filed in Court today. It is further submitted that since soil testing is necessary for the purpose of construction of the conveyer belt, the petitioners would make best efforts to ensure it as soon as possible within three to four days and till the same is received, permission should be granted for the construction to begin or else it may lead to further delay. The contention is that the petitioners are to abide by the report of Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar and to comply the requisition and the demand of the Municipality as per the letter dated 30th January, 2025, however, with the permission to commence the construction forthwith in order to ensure completion of the same within a reasonable time and without further delay. 5. Mr. Satapathy, learned counsel for the opposite parties, on the other hand, submits that since no structural design and Page 2 of 6 drawings of the conveyer gallery furnished to the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar, however, with an opinion and agreement with the views and recommendation of the NIT, Rourkela followed and received, so, therefore, the letter dated 30th January, 2025 has been issued to the petitioners and compliance of the same is absolutely necessary and till such time, the final opinion is formed by the Municipality, any such constructions towards the proposed conveyer belt should not be allowed. 6. The relevant extract of the report dated 29th January, 2025 of the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar with the final opinion is reproduced herein below; “1. The Designs Calculations and structural drawings with reference to approved Layout and S.I report need to be signed by the Structural Design Engineer in compliance to the order of the Hon’ble High Court of Orissa, for acceptance by the NOC issuing Authority, observing due procedure. 2. The reported SBCs of the founding Soil at 3.5m from ground level are to be ascertained by conducting place load test at exact founding levels of trestle locations as per approved site plan. The results of the soil test along with required engineering properties are to be intimated to the designer and the vetting Authority, before execution to ensure structural strength and stability. 3. All vetted design drawings, S.I reports and plate load test results, design calculations signed by structural expert along with methodology and sequence of construction may be furnished by M/s. Dalmia Cement (Bharat) Limited to the Municipal Authority for necessary approval at their end, as per requisite procedure, for issuance of NOC”. 7. In fact, necessary observations have been made by the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar in the said report and the same are as hereunder: “1. The overhead structure is to be built over Municipal Road, which does not come under the jurisdiction of Works Department. Page 3 of 6 2. That Directorate of Designs under the control of Engineer-in-Chief (Designs) has the expertise in Design of Building, Road and Bridge projects relating to Public Works of Govt. of Odisha. The structural Designers of Design Directorate well conversant with relevant Design code of practice of BIS and IRC. The steel belt Conveyor Gallery for transport of raw material for production of Cement is an industrial structure and subject to buckling, damping vibration coupled with fatigue behavior under dynamic loading conditions and requires specific expertise in the domain field. In this regard, it is to bring the knowledge of Hon’ble Court that Directorate of Design have never carried out the Design of Conveyor Gallery involving steel trussed platform and trestle with machine foundation subject to mechanical loading conditions of industries. In view of the above, it is to express our inability to check the structural Designs due to lack of required expertise in the domain. 3. In this scenario, I agree with the views and recommendation of Dr. Pradip Sarkar, Professor, NIT, Rourkela to obtain vetting of structural Design of new Conveyor Gallery from reputed academic institute like NITs or the Municipality, Rajgangpur may accord permission based upon IIT vetted Drawings for execution or may refer to any third party authorized structural engineering consultant having expertise in industrial structures for issue of NOC, as per relevant Acts/Rules”. issuing Authority, IITs. The NOC 8. On a proper reading of the report dated 29th January, 2025 of the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar, it is made to suggest that the views and recommendations of Dr. Pradip Sarkar, Professor, NIT, Rourkela to obtain vetting of structural design of new conveyer belt from a reputed institute like NITs OR IITs has been approved of with a conclusion that the Municipality being the NOC issuing authority may accord such permission based on the vetted drawings for execution or in the alternative, to refer to any third party, such as, an authorized Structural Engineering Consultant having the expertise in the industrial structures. Pursuant to the above, the Municipality Page 4 of 6 has issued the letter dated 30th January, 2025 as earlier stated and the same has been received by the petitioners in the meantime. 9. Considering the report received from the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar and submissions of Mr. Parija, learned Senior Advocate for the petitioners and reply of Mr. Satapathy, learned counsel for the opposite parties, the Court is of the view that necessary and immediate decision to be taken by the Municipality for immediate construction of the proposed conveyer belt upon considering and receipt of the relevant documents from the petitioners. Since, there is an assurance received from Mr. Parija, learned Senior Advocate for the petitioners to furnish all such relevant documents as demanded by the Municipality, the Court directs that the same shall be produced by tomorrow i.e. on 31st, January, 2025 for and in compliance of the letter dated 30th January, 2025. Considering the further assurance received towards the soil testing report, recording the submission of Mr. Parija, learned Senior Advocate, it is directed that the same shall be ensured within a reasonable time either in a week or two. 10. Recording the response and concern expressed by Mr. Satapathy, learned counsel for the opposite parties, the Court is also of the view that the petitioners should immediately be allowed to commence the construction with regard to the proposed conveyer belt, completion of which, would depend on the soil testing report obtained from any reputed organization. If any such modification found and considered to be necessary and expedient, depending on the soil testing report received as is undertaken and assured by Mr. Parija, learned Senior Advocate, the same shall be strictly complied with, which shall further be in compliance of the opinion of the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar which is to the effect that the results of the soil test along with the required engineering properties are to be intimated to Page 5 of 6 the designer and the vetting Authority before execution to ensure structural strength and stability. 11. With the above observations and directions, the writ petition stands disposed of. It is further directed that any such constructions to begin henceforth, the petitioners shall take all such measures to ensure safety of the public at large with the assistance of the Municipality complying all such requirements as has been suggested in the report of the Engineer-in-Chief (DPQ), Directorate of Design, Odisha, Bhubaneswar. 12. Urgent certified copies of the order be issued as per rules. An urgent free copy of the order be also supplied to Mr. Satapathy, learned for the opposite parties for communication purpose and early compliance. (R.K. Pattanaik) Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CTC Date: 31-Jan-2025 12:19:51 Page 6 of 6